Gov. Gray Davis
yesterday signed legislation replacing the “Son of Sam Law” declared
unconstitutional by the state Supreme Court.

The governor also signed
SB 1242, sanctioning prison officials’ use of reasonable force to obtain DNA
samples.

“For the longest time,
our criminal justice system protected the rights of the criminal, without
recognizing the rights of the crime victim,” the governor said in statement.
“As Governor, I’ve made sure that the voices of California crime victims are
heard—both in the halls of government and the corridors of justice. Today I’m
pleased to sign two more bills that will help bring much-needed peace of mind
to California’s crime victims and
their families.”

SB 1887, dubbed the “Son
of Sam Law II,” was sponsored by Sen. Bruce McPherson, R-Santa Cruz, who is the
Republican candidate for lieutenant governor. The bill was originally
introduced as a prison-reform measure but was amended after the state high
court decided Keenan v. Superior Court (2002) 27 Cal.4th 413.

That case stemmed from
the proposed participation of convicted kidnapper Barry Keenan in a film about
how he and two other men abducted Frank Sinatra Jr. from his Nevada hotel room and held him
for a ransom from his father.

The justices sustained
Keenan’s challenge to the original Son of Sam law, which was limited to the
seizing of proceeds due a convicted felon from the sale of the story of his or
her crime, on the ground that the legislation imposed “a content-based
financial penalty on protected speech.”

McPherson’s introduction
of the bill came three months after his son, Hunter McPherson, was killed in an
armed robbery in San
Francisco.

Prosecutors have charged
two local men with the killing, and contend that they are members of a gang
involved in crack sales in the Potrero Hill neighborhood where the younger
McPherson lived.

The legislation creates
an expanded limitations period for suits against convicted felons.

Under current law, the
victim of a felony—absent a longer period prescribed by another statute—has one
year from the date of sentencing to sue the perpetrator for damages. SB 1887
extends that to 10 years from the date the felon is discharged from parole
where certain serious or violent felonies are committed, including murder,
attempted murder, mayhem, kidnapping, rape, or child molestation.

The extension is
retroactive, so that cases that have been thrown out on statute-of-limitations
grounds may be refiled, and expired claims will be revived if they were not
previously adjudicated on the merits.

The bill passed
unanimously after supporters agreed to amendments exempting defendants who have
received certificates of rehabilitation or pardons from the governor, or those
who were paroled or convicted of lesser crimes based on a successful assertion
that they acted under the influence of battered women syndrome.

The DNA bill, SB 1242 by
Senate Minority Leader James Brulte, R-Rancho Cucamonga, also passed both
houses without a dissenting vote.

Davis signed both bills at a
downtown Los
Angeles
press conference.

“I guarantee you when we
have those (DNA) samples, a host of crimes will be solved,” the governor said,
adding that he hopes it will “bring peace of mind and closure to the victims of
that crime who are not getting that closure they deserve.”

One day after jurors
recommended the death penalty for the convicted killer of 7-year-old Danielle
Van Dam, San Diego County District Attorney Paul Pfingst said the panelists
told him the case would not have been solved without DNA evidence.

“What this bill does for
prosecutors and law enforcement around the state of California is to say to
career criminals, `If you have committed crimes in the past and you have left
your DNA at the crime scene, we will now be able to discover who you are and we
will now be able to prosecute you,”’ Pfingst said.

He said it has been
easier to get blood samples from someone outside jail than a prisoner behind
bars.

Pfingst, like Davis, is a candidate for
reelection in November.

Orange County Sheriff
Mike Carona said he has “looked into the eyes of mothers, fathers and children
who have been left behind because of a violent action in our community.”

“You can never give them
back their loved one, but you can bring closure by bringing those who committed
these crimes to justice,” Carona said, noting that it would also help clear
those who held for crimes they did not commit.

Los Angeles County
Sheriff Lee Baca called the measure “a very important step” in the movement
toward more rights for crime victims and their familius

Referring to the new Son
of Sam Law, the governor commented that “criminals should be doing hard time,
not having power lunches with Hollywood producers.” He added that “if a movie or book has been made
about the crime, then the benefits will go to the victims, not the criminals.”